Tozer v. City of Eugene

Plaintiff was injured in an automobile accident that she contends was caused by the negligence of defendants City of Eugene and Noble, the city’s traffic operations supervisor, 1 in failing to inspect, trim and maintain the vegetation near a stop sign. As a result, plaintiff alleges, the driver whose vehicle collided with hers was unable to see the sign, failed to stop, and the accident ensued. The trial court granted defendants’ motion for summary judgment. Plaintiff appeals, and we reverse.

The ground for defendants’ motion is that they enjoy discretionary immunity under ORS 30.265(3)(c).…